2008 Ahmedabad serial blasts: Convicts seek recusal of Justice Umesh Trivedi from hearing their pleas
Justice Umesh Trivedi was working in the office of one of the trial prosecutors during the trial in the July 26, 2008, Ahmedabad serial blasts case.
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On Wednesday, an advocate for the convicts informed the bench that they have expressed apprehension with regard to their pleas being heard by a bench comprising Justice Trivedi.A Gujarat High Court bench on Wednesday passed an order saying that the appeals of those convicted in the 2008 Ahmedabad serial blast cases be heard by a bench that did not have Justice Umesh Trivedi on it, as he had been part of the prosecution during the trial.
The decision came on Wednesday, almost two weeks after Justice Trivedi suggested that the advocates of the convicts seek their instruction on whether they had any objection to him hearing their appeals.
The convicts sentenced to the death penalty and life sentence by an Ahmedabad special trial court in 2022 voiced their objection, saying that their pleas – of appeal, suspension of sentence and bail matters – should not be heard by a bench comprising Justice Trivedi at the Gujarat High Court.
Following their objection, the division bench of Justices Umesh Trivedi and Cheekati Manavendranath Roy on Wednesday passed an order, directing that the matter be placed before an appropriate bench for hearing, where the bench does not include Justice Trivedi.
A bunch of litigations by the convicts as well as by the state have been pending before the Gujarat High Court since 2022. This includes the state’s plea for confirmation of the death sentence for 38 convicts, appeals against the conviction, as well as applications seeking suspension of sentence and bail.
A total of 78 accused were tried by a special Ahmedabad trial court of which 49 were convicted under offences of the Indian Penal Code, Unlawful Activities (Prevention) Act and Explosive Substances Act, among other provisions. Of the 49, 38 were sentenced to death, with one of them being the sole one found guilty under provisions of the Arms Act, while 11 were sentenced to rigorous life imprisonment.
The matter was placed before a division bench of Justices Umesh Trivedi and Cheekati Manavendranath Roy on June 12. At the time, Justice Trivedi had suggested the advocates representing the convicts take instruction from their clients if they have any objection to a hearing of the pleas by a bench comprising him.
Justice Trivedi at the time had said orally, “You are aware that the special public prosecutor who conducted the matter, I hail from that office, and today also I can be considered to be from that office. So all advocates (for the convicts), give it in writing that you have no objection if this bench conducts the matter…I’m not averse to any situation (if convicts should seek recusal of the judge)…no one should feel that court is biased from any angle, that’s all…litigants should not feel that they may not get justice.”
The case had four special public prosecutors assigned – H M Dhruv, Mitesh Amin (now additional advocate general at Gujarat High Court), Sudhir Brahmbhatt and Amit Patel. Justice Trivedi has worked in advocate Dhruv’s chambers.
On Wednesday, an advocate for the convicts informed the bench that they have expressed apprehension with regard to their pleas being heard by a bench comprising Justice Trivedi.
Acceding to their request, Justice Trivedi recused himself, while reiterating that he had made the suggestion in the first place to consult the client so that they are not left feeling that there is prejudice. With the advocate apologising for the convicts’ stance, Justice Trivedi responded, “Don’t worry about it, they have their right…Don’t feel sorry. It is only with a view to see that there’s not a slightest doubt of any of the accused. They should not feel that they will not get justice.”
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